Lewis v. Department of Health & Rehabilitative Services

GRIFFIN, Judge.

Margaret P. Lewis, as Personal Representative [“Lewis”] of the Estate of Maggie Flowers [“Flowers”], appeals a summary final judgment in favor of the Department of Health and Rehabilitative Services [“HRS”], allowing recovery of sums paid to the decedent, Flowers, in public assistance prior to her death. Lewis contends that because HRS failed to institute probate proceedings as a creditor or to file a timely claim against the debtor’s estate as required by section 409.345(2), Florida Statutes (1989)1, prior to the expiration of one year, the debt was discharged, as provided by…